Directory_and_Chronicle_1896 — Page 377

CODE OF CIVIL PROCEDURE—HONGKONG

337

Court in the affirmative or the negative of such issue, a sum of money specified in the agreement, or to be ascertained by the Court upon a ques- tion inserted in the issue for that purpose, shall be paid by one of the parties to the other of them, or that upon such finding some property specified in the agreement, and in dispute in the suit, shall be delivered by one of the parties to the other of them, or that upon such finding one or more of the parties shall do or perform some particular act, or shall refrain from doing or performing some particular act, specified in the agreement, and having reference to the matter in dispute.

2. If the Court shall be satisfied, after an examination of the parties Judgment. and taking such evidence as it ma" deem proper, that the agreement was duly executed by the parties, and that the parties have a bona fide interest in the decision of such question, and that the same is fit to be tried and decided, it may proceed to try the same, and deliver its finding or opinion thereon in the same manner as it the issue had been framed by the Court, and may, upon the finding or decision on such issue, give judgment for the sum so agreed on, or so ascertained as aforesaid, or otherwise according to the terms of the agreement; and upon the judgment which shall be so given, decree shall follow and may be executed in the same way as if the judgment had been pronounced in a contested suit.

How Questions may be raised for the Decision of the Court by any

persons interested.

ment.

LXXXVIII.-Parties interested or claiming to be interested in the Form and Con decision of any question of fact or law, may enter into an agreement, which tents of Agree- shall not be subject to any stamp duty, that upon the finding of the Court in the affirmative or negative of such question of fact or law, a sum of money fixed by the parties, or to be determined by the Court, shall be paid by one of the parties to the other of them; or that some property, move- able or immoveable, specified in the agreement shall be delivered by one of the parties to the other of them; or that one or more of the parties shall do or perform some particular act or shall refrain from doing or performing some particular act specified in the agreement. Where the agreement is for the delivery of some property, moveable or immoveable, or for the doing or performing or the refraining to do or perform any particular act, the estimated value of the property to be delivered, or to which the act specified may have reference, shall be stated in the agreement.

numbered as a

2. The agreement shall be filed in Court, and, when so filed, shall be Agreement to numbered and registered as a suit between the parties interested as plain- be filed and tiffs and defendants, and all the parties to it shall be subject to the jurisdic- Suit. tion of the Court, and shall be bound by the statement contained therein.

3. The case shall be set down for hearing as an ordinary suit; and Judgment. if the Court shall be satisfied, after hearing the parties and taking such evidence as it may deem proper, that the agreement was duly executed by the parties, and that they have a bona fide interest in the question of fact or law stated therein, and that the same is fit to be tried or decided, it shall proceed to try the same, and deliver its finding or opinion thereon in the same way as in an ordinary suit; and shall, upon its finding or deciding upon the qu stion of fact or law, give judginent for the sum fixed by the parties, or so ascertained as aforesaid, or otherwise, arcording to the terms of the agreement, and upon the judgment which shall be so given, decree shall follow and may be executed in the same way as if the judgment had been pronounced in an ordinary suit.

CHAPTER XIX. Reference to Arbitration.

LXXXIX. If the parties to a suit are desirous that the matters in- Application difference between them in the suit, or any of such matters, shall be Reference

for Order of